New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-25
EVIDENCE AGAINST ROURKE.
TIE DEATH OF RoUXDsMAN MONTGOMERY


w.s.suor ON THE NIGHT OF JANUARY
-srArxMENTs OF syvERAL wITNEssHs'
r.,camap William j. Rourke. on trial before he0oruot
s,h An the General Sessions charge OF murder sat
H.sveen his mother and his wife yesterday wno 'o''
ony was given against him. His grayhaired rather nso
= seat near by Rourke listened stondiy ana soarce'y
spoke to his counsel General Roger A. frVor Anu HE Bull
ma court room only partly hlled
ssiatant District Attorney Fellows made long open
ts address to the jury which he told the story OF the
murder as he expected to prove It, and dweit on the
pvity of the offence He said that the presence OF Inv
aher and mother OF the accused man ought not W ahec
M ury as the sorrow that would visit them their son
~ convicted would not have been brought upon tnen
by the act Of the jury the prosecutor but oy the
tho accused man alone. That act having been cohai'
the consequences only the inevitable working "
The results of the crime.
The frat witness was Hugh Wood night watcn"au
smp,oyed TO guard buildings at FifthaVe. anu oeVoy
Seurthst He was in . shsnty which mad oeen ereo.o"
90 and a.. q tool house, near the sdewalkon Fifth
AZ. hatween Seventy third and sts' Oh
Tia night Of January o. hourKe eh'oiou .o
.h.rtv between 0 and 10 o'clock ana remAipe~ ioi
shont an hour RoundsmaR Robert A. Montgomery GU
tered later in the evening and said to Rourke How
mia Billy 7" They exchanged few other remarks anu
then left the shanty together Wood saw them 60 down
Fffthayc. toward Seventy third-st.
Odd RouIse have he oyeroSa nhn 1asoaed ~hen "0n'
so~eS ensIe ., ns belt with the club In it, Ale had
Nd that as de. believe
Wood testified tina, Montgomery remained In the shanty
two or three minutes before he went out with kourRe
On redirect examination Mr. Fellows said to the witnesses
Itmay become matter Of Importance to know how long
Noneomely IN the shany You have sad ,@ nv Wata
end viii raise finger when begin to count s she minutes
Mr. Fellows did as he had said, and when he raised MS
anger the second time he asked the witness "was he
there as long The witness shook his head de-
TJ,,su inst mi
secondaSe cars, testified that he visited his wife in
The evening Of Jannsry ea ane t.
hg 70 take a car OF the Madison-sve line He said
when fourth and Seventy a nra ss
Hs aa o. &: s;i sni
there two one OF whom nn man On P ground
a f' Tsss
ieci away The wounded man spoke in low tone
General Pryor objected to having the statements made
could not have heard them He argued that they coud
not he dying declarations as there was no
proof that Montgomery thought that he Was dying
tulone Fellows made attempts to have the state
psnts received but The Recorder would not aio" inc
Mr. Crawford said that gentleman with tall hat was
Position Changed the man tan hat let bundle
Which he carried he placed under Montgomery neau
Tho witness remained With Montgomery until an anDu
lance arrived ,,., ,,.
testified:
Iwss at Seventy thirdst and FOurthave heard shot
then few .ecO " later d1 ran up
sa s sses ~hsps We police ocers we've struggling
@ sssS s . :r s%%y hf
RouIse Ey . * aTfS s Kc@ sss 'ao
Turned RourIe over oicr MCCARTHY who had come no
the Presbyterian Hospital and had an ambulance
oept fol Montgomery.
careful diagram of Fifth-ave. and Seventy thirdst
IN the vicinity OF the place where the killing TOOK pace
testimony was introduced aud then Colonei Fellows ew
called Police Captain Gunner who gave some new EVIL
aence. lie said III part:
asked him why dd yeu 5 your brother SiGer a0nsss
s s:S Complaints @ai ss" against me and he
sthrd complaint night sad '' .S pp ta r'
:SO . me san him and asked him e take Oh
He dive wont a vent s spn i tho desk take the
sheld took I on before got TO INN itonike also
at Konrke under the influence OF Liquor And aTn sd
W 1s' CA" s"1 lad h' dfi%s iouen%
General iryor examined Captain Gunner closely as to
wound the mouth which Ronfke ad AZ ,ne s.to on
house. Captain Gunner SAID that lie saw little blood Oh
kOurke's mouth
Colonel Fellows introduced in evidence the dying oec-
elaratou made by ROundsman Montgomery 70 coroner
Edmar Just before died In the PRESBYTERIAN Hospital
Montgomery gave an account oi Ills hhuns hohe III 'no
ahanty In Fiftliave. aud said:
When Rourke and Igot to The side Of Madisonave
At seventy ourh which was The extreme ena S ms
psached poiut about twenty feet east OF Madsonsve ie
sgg sn In ny s ~ sn sna Sss me With bis pistol
snnlng in hand tried stop him. when the mnzle
Struggled to get The pistol away him. and both went
sSwn de w ssa s c % Sp G s Felt e sting the
wound my right made two charges AGAINST honLhe
he threatened me before The allegation made by
soaks that had sr1ss him Is mot s s nesr re
Hme
The testimony for the prosecution was not completed,
and the trial may not be hnshei day.
EBw STEERINGGEAR NEEDED BY THE DOLPHIN